The Republican-nominated justices of the Michigan Supreme Court (plus Justice Diane Hathaway) have left Hugh B. Clarke, Jr., a judge appointed by Democratic governor Jennifer Granholm, on the Lansing district court bench, repudiating a challenge from Republican attorney general Bill Schuette. And in doing so they have vindicated the Republican justices who unsuccessfully opposed Dorothy Comstock Riley's ouster from the Court under similar circumstances in 1983.
[C]ontrary to plaintiff’s position and the conclusion of a plurality of justices in Attorney General v Riley, 417 Mich 119; 332 NW2d 353 (1983), article 6, § 23 is a “holdover” provision. While we understand why plaintiff relied on Riley in support of his position that Judge Clarke should be treated in the same manner as Justice RILEY and not be permitted to remain on the bench beyond the end of the term during which he was originally appointed, Riley does not control the outcome of today’s case because it is a
plurality decision, and the several rationales articulated in support of the plurality result are inconsistent with article 6, § 23. Accordingly, we hereby repudiate the Riley plurality opinion on the ground that it is inconsistent with the constitution of this state.
Two justices nominated by the Democratic Party (Justices Cavanagh and Kelly), concurred in the result only.
For background on the story of Dorothy Comstock Riley, who went on to be elected in her own right and become Chief Justice, see "Is Lansing's Newest District Judge Sitting Legally?".
Here's the opinion.
